Raj Kumar Todi And Anr vs Sreemati Swagata Sarkar And Ors
2026 Latest Caselaw 2271 Cal/2

Calcutta High Court

Raj Kumar Todi And Anr vs Sreemati Swagata Sarkar And Ors on 24 March, 2026

Author: Aniruddha Roy

Bench: Aniruddha Roy

OCD-19 & 20

                       In the High Court at Calcutta
                           Commercial Division
                              Original Side
                          IA NO. GA-COM/1/2025
                            In CS-COM/28/2025
                     RAJ KUMAR TODI AND ANR
                               Vs
                 SREEMATI SWAGATA SARKAR AND ORS
                                      &
                          IA NO. GA-COM/2/2025
                            In CS-COM/28/2025
                      RAJ KUMAR TODI AND ANR
                               Vs
                 SREEMATI SWAGATA SARKAR AND ORS
  BEFORE:
  The Hon'ble JUSTICE ANIRUDDHA ROY
  Date : March 24, 2026.
                                                               Appearance:
                                            Mr. Debrup Bhattacharjee, Adv.
                                                       Mr. Vivek Basu, Adv.
                                           Mr. Pradeep Kumar Tulsyan, Adv.
                                                         ...for the plaintiffs
                                                     Mr. Supratim Laha, Adv.
                                                Mr. Arijeet Doss Mullick, Adv.
                                                     Ms. Pallabi Sardar, Adv.
                                                         Mr. Nilavra Sen, Adv.
                                                         ...for the defendants.
                        In Re: GA-COM/2/2025
         The Court : Mr. Vivek Basu, learned Advocate with Mr. Debrup
Bhattacharjee, learned Advocate appears for the plaintiffs.
                                            2
           On the prayer of Mr. Supratim Laha, learned Advocate appearing
for the defendants, time to file affidavit in reply stands extended till today.
Reply filed in Court today is taken on record. Copy has been served.
           The instant suit has been filed claiming specific performance of an
agreement for sale in respect of an immovable property along with
consequential reliefs.
           The defendants have filed a suit before the learned City Civil Court,
inter alia, praying for cancellation of the self same agreement for which
specific performance has been sought in the instant suit.
           Plaintiffs submit that the defendants in the said City Civil Court
suit, have taken out an application for rejection of plaint and the same is
pending.
           Defendants have taken out the instant application, inter alia,
praying for stay of the instant suit.
           Plaintiffs submit that they are still taking steps to have their
application disposed of on merit before the learned City Civil Court.
           In view of the above, this application shall appear under the
heading "Adjourned Motion" in the monthly list of July, 2026.
           Plaintiffs shall be at liberty to take steps before the learned City
Civil Court and it is expected by this Court within this period, there shall be
a conclusive result in the application for rejection of plaint pending before
the learned City Civil Court.
                                IA NO. GA-COM/1/2025
                                  In CS-COM/28/2025
                                          &
                                IA NO. GA-COM/2/2025
                                  In CS-COM/28/2025
                                        A.R., J.
                           In Re: GA-COM/1/2025
          This is an application filed by the plaintiff herein praying for
injunction.

          An order of injunction passed by Coordinate Bench has been last
extended on January 28, 2026 and the same is valid till March 31, 2026.
          The said order of injunction stands further extended till September
15, 2026 or until further order, whichever is earlier.
          Let this application along with Section 10 application appear in the
monthly list of July, 2026 under the same heading.
                                                         (ANIRUDDHA ROY, J.)
Sbghosh
                               IA NO. GA-COM/1/2025
                                 In CS-COM/28/2025
                                         &
                               IA NO. GA-COM/2/2025
                                 In CS-COM/28/2025
                                      A.R., J.